RAM SWARUP Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15th January 2008 passed by the learned Special Judge in CC No. 68/99 and the order on sentence dated 16th January 2008 convicting the Appellant of the offence under Section 7/13 (1) (d), 13(2) of Prevention of Corruption Act, 1988 read with Section 120-B Indian Penal Code ('IPC') and sentencing him to undergo rigorous imprisonment for a period of two years and a fine of Rs. 2,500, and in default thereof, to undergo simple imprisonment for a period of two months for the offence under Section 7 IPC.

(2.) There were three accused before the learned trial Court, and, by the same judgment, one of the co-accused, Gianender Singh was acquitted. The appeal of the other co-accused Mahavir Singh who was convicted by the same impugned judgment, being Crl. A. No. 111 of 2008, was allowed by this Court by an order dated 22nd January 2014.

(3.) The case of the prosecution is that on 8th December 1997, the complainant, Sudhir Kumar (PW-11), went to the office of the Anti Corruption Branch ('ACB') and got his complaint Ex.PW-11/A recorded by Inspector Prem Chand (PW-12) in the presence of Shri Chandershwar Singh (PW-13) who was on duty as panch witness in the ACB on that day. In his complaint PW-11 stated he was in the business of putting up hoardings. He received an order from M/s. Shiva Vision for displaying the hoardings of contact lenses in the area of Paschim Vihar. The co-accused Mahavir Singh (A-1) was working as Licensing & Advertising Inspector in the Municipal Corporation of Delhi ('MCD'). In the complaint it was stated that A-1 on 3rd December 1997 demanded from PW-11 Rs.3,000 as bribe for displaying 30 boards i.e. Rs.100 for each board and further threatened him that if the bribe amount was not paid, he would remove the hoardings. A-1 is stated to have accepted Rs.500 as advance and asked PW-11 to pay the balance amount of Rs.2500 to him along with the site list on 8th December 1997 at 10 am in the MCD office, West Zone, Rajouri Garden.